拦截第三方应用平台？市场监管总局点名手机行业不正当竞争

Core Viewpoint - The article discusses the recent compliance guidance issued by the State Administration for Market Regulation (SAMR) in China, focusing on unfair competition in the mobile phone and application platform industry, highlighting the shift from post-event punishment to preemptive regulation [3][4][9]. Group 1: Regulatory Actions - SAMR has identified irrational competition as a significant issue in the mobile phone industry, urging operators to enhance their awareness of responsibilities and comply with the new anti-unfair competition law [3][4]. - The guidance emphasizes the need for companies to conduct comprehensive risk assessments and establish robust internal compliance management systems to maintain a fair market environment [4][9]. Group 2: Unfair Competition Practices - Certain companies are accused of employing unfair competition tactics such as traffic hijacking, forced redirection, and malicious incompatibility, which harm the rights of other operators and consumers [4][9]. - The article highlights that mobile manufacturers often obstruct users from installing applications from third-party platforms, creating significant barriers that discourage users from proceeding with installations [6][7]. Group 3: Market Dynamics - The article notes a trend where game developers are increasingly withdrawing from mobile channels due to high costs associated with these platforms, opting instead for direct downloads to avoid restrictions imposed by phone manufacturers [12][15]. - The shift in strategy among game developers reflects a growing confidence in their products, allowing them to bypass traditional app stores and attract users through quality offerings [15][16]. Group 4: Compliance and Fair Competition - Legal experts suggest that while not all restrictions are illegal, any actions that unfairly favor a company's own applications over competitors' could be seen as self-preferential and abusive [10][16]. - The article calls for regulatory measures that consider the unique technological characteristics and business logic of the mobile industry, advocating for differentiated compliance standards based on company size and circumstances [16].